HomeMy WebLinkAboutOrdinances (O-91-834)-08/06/1991
1
~~9j
1.' 8tJp, IJt
17.
2
3
ORDINANCE 0-91-834
4 AN ORDINANCE AMENDING CHAPTER 1 SECTION 12 OF THE COLLEYVILLE CODE
INVESTMENT POLICY BY THE ADOPTION OF EXHIBIT "A" AND THE REPEAL OF
5 ORDINANCE 0-87-662: EFFECTIVE DATE.
WHEREAS, the city Council has received the recommendation of the
6 city Manager and Finance Director for the amendment of
the investment policy established by Ordinance 0-87-662;
7
WHEREAS, the City Council deems it is in the best interest of the
city to adopt an investment policy in order to maximize
the return upon legal and lawful investments of the City;
8
9
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
10
Sec. 1 :
THAT Ordinance 0-87-662 is hereby repealed.
11
THAT Chapter 1 Section 12 be amended to as read as
indicated in Exhibit "A" - City of colleyville Investment
Policy.
Sec. 2:
12
13
THAT this Ordinance shall become effective on the date of
passage. '
Sec. 3:
14
AND IT IS SO ORDERED.
. . " tf/' cI;
hear~ng be~ng conducted on the~
15
16
The
day
The
day
17
18
The
day
19
CITY OF COLLEYVILLE
---, ~-
~~. ..~"
-" .-://' .' ",' ~ .~
(......':' (.~ .~/~~
Chr~s Hawk~n ~
Mayor
20
21
lada Johns
City Secretary
22
~l'~~D Al-l: AND_LEGALITY:
Ror:fq &os er
City Attorney
23
24
25
26
20
21
22
23
24
25
Ordinance 0-91-834
Page 2
1
2
EXHIBIT "A"
3
CITY OF COLLEYVILLE INVESTMENT POLICY
4
5
Scope
This investment policy applies to all financial assets of the City
of colleyville. These funds are accounted for in the City's
comprehensive Annual Financial Report and include:
6
7
General Fund
utility Fund
Capital Recovery Fund
Debt Service Fund
Voluntary Park Fund
Capital projects Fund
sesquicentennial Fund
Special Donation Fund
and any new fund created by the governing body, unless specifically
exempted by the governing body.
8
9
10
11
12
13
Objectives
Safety of principal is the foremost objective of the City in
managing its portfolio. The city will also maintain sufficient
liquidity to provide adequate and timely working funds. The City'S
investment portfolio shall be designed with the objective of
regularly exceeding the weighted average return on thirteen week
Treasury bills. This is considered a benchmark for riskless
investment transactions, and therefore, is a minimum standard for
the portfolio's rate of return.
14
15
16
17
For bond funds which fall under the arbitrage provisions of the Tax
Reform Act of 1986, the City will attempt to earn allowable bond
yield with market conditions permitting.
Deleqation of Authority
18
19
The City Council designates the Investment Officers to be the City
Manager with overall responsibilities to see that investment
objectives are accomplished and the Finance Director with the
specific day-to-day performance of managing the local funds of the
City.
26
20
21
22
23
24
25
ordinance 0-91-834
Page 3
1
2
3
Prudence
4
The standard of prudence to be used by investment officials shall
be the "prudent person" which means the officer may not be an
expert but is obligated to act responsibly and shall be applied in
the context of managing an overall portfolio. Investment officers
acting in accordance with written procedures and exercising due
diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided
deviations from expectations are reported in a timely fashion and
appropriate action is taken to control adverse developments.
5
6
7
8
Internal controls
9
The Finance Director shall establish a system of written internal
controls which shall be reviewed annually by the independent
auditor. The controls shall be designed to prevent the loss of
public funds due to fraud, error, misrepresentation, unanticipated
market changes or imprudent actions.
10
11
12
Permissible Instruments
13
The following is a list of permissible instruments as authorized by
the 70th Texas Legislature in the Public Funds Investment Act (TEX.
REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71th
Legislature:
14
15
1. obligations of the united states or its agencies or
instrumentalities;
16
2. direct obligations of the state of Texas or its agencies;
17
3. other obligations, the principal of and interest on which are
unconditionally guaranteed or insured by the State of Texas or
the united states or its agencies or instrumentalities;
18
4. obligations of states, agencies, counties, cities, and other
political subdivisions of any state having been rated as to
investment quality by nationally recognized investment rating
firm and having received a rating of not less than "A" or its
equivalent;
19
5. certificates of deposit issued by state and national banks and
domiciled in the state that are:
a. guaranteed or insured by the Federal Deposit Insurance
Corporation, FSLIC or its successors; or
b. secured by obligations that are described by subdivisions
(1) through (4) of this subsection which are intended to
26
10
11
12
13
14
15
16
17
18
Ordinance 0-91-834
Page 4
1
2
3
include all direct federal agency or instrumentality issued
mortgage back securities, and that have a market value of not
less than the principal amount of the certificates or in any
other manner and amount provided by law for deposits of the
investing entities;
4
5
6
6. invest in a local government investment pool as authorized by
the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT.
4413 (32c), as amended, and the Public Funds Investment Act
(TEX. REV. CIV. STAT. ACT. 842a-2), as amended.
7
8
Diversification
9
The City will attempt to limit the risk of loss through
diversification of its portfolio in the areas of instruments and
maturities.
Diversification bv Instrument
Maximum
Percent
of portfolio
u.s. Treasury Obligations
(Bills, Notes and Bonds)
100%
u.s. Government Agency Securities
and Instrumentalities of Government
sponsored corporations
75%
certificates of Deposit (CD's)
Commercial Bank's
75%
Local Government Investment Pool
75%
Maturitv Schedulinq
19 Investment maturities for idle funds shall fall within these
minimums:
20
21
22
23
24
25
26
Under 6 months 75% minimum
Under 1 year 85% minimum
Under 18 months 90% minimum
Under 2 years 95% minimum
Under 7 years 100% minimum
22
23
24
25
Ordinance 0-91-834
Page 5
1
2
3
competitive selection of Investments
On all funds available for investment which fall outside the scope
of the then current depository contract, oral bids shall be
requested from at least two broker/dealers or national banks. The
city will accept the bid which provides the highest rate of return
within the maturity required and within the parameters of this
policy.
4
5
6
7
Records will be kept of the bids offered, bids accepted, and a
brief explanation of the decision which was made regarding the
investment.
8
9
Qualified Institutions
10
Each year in June the city Council shall approve five financial
institutions for investment purposes as recommended by the Finance
Director. All firms shall answer the Broker/Dealer questionnaire
(Appendix A) and submit their most recent audited financial
statements to the city before June 1st for evaluation of credit
worthiness. All personnel in the firms who will be trading or
quoting securities to the City must maintain a current NASD license
and be registered to deal securities in the state of Texa~.
Safekeeping
All marketable securities purchased by the city shall be held in
third party safekeeping by an institution designated as primary
agent. All securities will be delivered to the third party
institution by seller. Personnel in the third party institution
will verify the correct security was delivered by the seller
("delivery vs payment"). The third party institution shall issue a
safekeeping receipt to the City listing the specific instrument,
rate/yield, maturity, CUSIP, and other pertinent information.
Collateral on deposit type securities which exceed the FDIC
coverage shall be held in the Federal Reserve Bank,the state of
Texas Treasury Safekeeping Trust, or a third party safekeeping
institution. In the event a third party safekeeping institution is
used, a collateral agreement shall be executed between the city,
depository which issued the CD, and the third party custodian of
the collateral. The city will retain possession of all original
safekeeping receipts and the receipts will state the security is
pledged to the City of Colleyville.
11
12
13
14
15
16
17
18
19
20
21
Either the City Manager or the City Secretary must approve release
of collateral in writing prior to its removal from the safekeeping
account.
26
10
11
12
13
14
15
16
17
18
Ordinance 0-91-834
Page 6
1
2
3
collateral Securities for Certificates of Deposit and Demand
4 Accounts
5
The City will accept as collateral for its certificates of Deposit
and demand accounts the following securities:
6
A. FDIC coverage
7
B. U.S. Treasury bills, notes and bonds
C. u.s. Agency and instrumentalities bills or notes
8
9
D. GNMA mortgage backed fully modified pass through securities
E. Texas state, city, county, school bonds with a remaining
maturity of seven years or less and a rating of "A" or better by
Moody's and Standard and poor's.
Collateral shall be marked to market monthly by the Finance
Director. The following percentages constitutes the minimum market
value for collateral instruments which are pledged for the City's
certificates of Deposit and demand deposits.
Form of Collateral Pledqed
Collateral Ratio
1. U.S. Treasury bills, notes, and bonds
a. maturing within 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
102%
105%
110%
2. Actively traded u.s. Government
Agency securities
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
103%
107%
115%
115%
3. GNMA mortgage pass through securities
20 4. Entities in the state of Texas bonds
19
21
22
23
24
25
26
General obligation bonds
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
102%
105%
107%
24
Ordinance 0-91-834
Page 7
1
2
3
Revenue bonds
4
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
105%
110%
115%
5
6
Collateral shall be audited annually be the city's independent
auditor and may be audited by the City at anytime during normal
business hours of the safekeeping bank.
7
8
:Indemnity
9
The Finance Director and Deputy Finance Director shall be
personally indemnified in the event of investment loss provided the
Investment Policy is followed.
Reporting Requirements
10
11
12
The Finance Director shall issue a written report annually
concerning the city's investment transactions for the preceding
year and describing in detail the investment position of the City
as of the fiscal year's end. The report shall be signed by ~oth the
city Manager and the Finance Director.
13
14
15
16
17
18
19
20
21
22
23
25
26
APPENDIX IlAIl
CITY OF COLLEYVILLE BROKER/DEALER CERTIFICATION QUESTIONNAIRE
1. Name of Firm
2 . Address
3. Telephone - National
Local
4. Primary Representative / Branch Manager
5. Is your firm a primary dealer in u.s. Government securities?
If so, how long?
6. Identify all personnel who will be trading or quoting
securities to our City's employees.
7. Identify which personnel have read the City of Colleyville's
investment policy.
8. Please indicate the current licenses of your representative
and attach a copy of their registration.
Agent
Licensed or Registered by
9. Have any of your public sector clients ever reported to your
firm, its officers or employees, orally or in writing, that
they sustained a loss (in a single year) exceeding 10 percent
of original purchase price on any individual security
purchased through the firm?
10. Please explain your normal custody and delivery process. Who
audits these fiduciary systems?
11. Has your firm consistently complied with Federal Reserve
Bank's capital adequacy guidelines?
As of this date, does your firm comply with the guidelines?
12. By what factor does your firm presently exceed the capital
adequacy guidelines.
13. Please attach a sample of any confirmations or transactions
reports that the City will receive after a transaction has
occurred.
14. Does your firm participate in the S.I.P.C. insurance program?
15. What percentage of your transactions failed last month? Last
year?
16. Describe the precautions taken by your firm to protect the
interests of the public when dealing with governmental
agencies as investors.
17. Please attach a copy of your firm's most recent audited
financial statements.